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HomeMy WebLinkAboutAgenda Statement 1977/04/12 Item 09CITY OF CHULA VISTA COUNCIL AGENDA STATEMENT ITEM.NO 9 FOR MEETING OF: 4/12/77 ITEM TITLE: RESOLUTION 85 76 : DETERN~NING & DECLARING PUBLIC NECESSITY RE AO~UISITION OF PROPERTY OWNED BY UNITED ENTERPRISES, INC. FOR TELEGRAPH CANYON ROAD RIGHT OF i~Y REALIGN- MENT' AND AUTHORIZING OOMNIENC~MENT OF OONDENII~IATION PROCEEDINGS SUBMITTED BY~ CITY ATTORNEY ITEM EXPLANATION The City Council, in approval of the subdivision map for El Rancho del Rey Unit #4, imposed certain conditions relating to the improvement and realignment of Telegraph Canyon Road. The conditions imposed require the dedication of right of ways which were both owned by the subdivider and third parties. In order to satisfy the requirements, the subdivider, Pacific Scene, needs the authority to acquire properties in the name of the City of Chula Vista through eminent domain from United Enterprises, Inc. This resolution will authorize the commencement of an action if a negotiated settlement with regard to the property is not possible. At this time, due to the limited size of the parcels sought to be acquired, we believe that a negotiated settlement will be forth- coming shortly. The City will incur no financial obligation as a result of this action. The subdivider will accept full costs of the acquisition and it is not contemplated that any eminent domain litigation will be necessary. EXHIBITS ATTACHED Agreement Resolution X Ordinance Plat X Other Environmental Document; Attached Submitted on STAFF RECOMMENDATION: Adopt Resolution. BOARD/ COMMISSION RECOMMENDATION COUNCIL ACTION A1'i'RCVED by the City Council of ula Vita, Calif ornla Ch -..1~ . 7 7....~,......• Datgaw, ,~... Form A-113 (Rev 5-75) DFPARTM~N7AL CORR~SPONDPNCC -; ,. _._. ~~. ~:~: DATE: April 19, 1977 r°". TO• Jennie M. Fulasz, City Clerk t ~~~. " FROM: Craig Beam, Assistant City Attorney `'~'`°`' ~r~ ~~ SUBJECT: Resolution No. 8576 It has been brought to my attention that the Resolution Determining and Declaring the Public Necessity of the Acquisition of Property Owned by United Enterprises, re Telegraph Canyon Road, adopted by the City Council on April 12, 1977, contains a typographical error. Specifically, the resolution, in Item No. 6, states that the real property referred to is located in the City of Chula Vista. Item 6 should state that the real property referred to and sought to be acquired is located in the County of San Diego. Additionally, the legal descriptions set forth in Exhibit A should be amended to reflect the correct location of the property. The City Attorney's office has corrected the original resolution. You might file this memo in conjunction with the resolution, just to reflect the circumstances involved. CKB:jss C.~.ty a~ Chu.~a V.i.b~a, Ca.~~.~ann~.a A 111